アメリカ合衆国は、2012年4月に欧州委員会と締結された旅客情報登録法で、スペインからアメリカ合衆国に、から、アメリカ合衆国上空を通過する航空旅行するキューバ、メキシコ、カナダへの、乗客の名前、生年月日、性を航空会社が事前にアメリカ合州国-国内安全保障局?(Departamento de Seguridad del Territorio Nacional)に通知し、21'000人の要注意人物の搭乗を拒否できる"SECURE"しくみが出来ている!?アメリカ合衆国にとっては個人情報保護法なんて糞食らえか?
EE UU puede vetar el vuelo a viajeros desde España a Cuba, Canadá y México
Washington controla desde marzo los datos de miles de pasajeros que sobrevuelan su espacio aunque no hagan escala. Protección de Datos pide un marco legal
“La Comisión Europea es muy débil ante EE UU. Esto es un chantaje”
N. JUNQUERA / M. CEBERIO BELAZA Madrid 24 SEP 2012 - 00:05 CET
U.S. can veto travelers flying from Spain to Cuba, Canada and Mexico
Washington controls since March data of thousands of passengers that fly over your space but do not scale. Data Protection requests a legal framework
"The European Commission is very weak against the U.S.. This is blackmail "
N. JUNQUERA / M. Ceberio Belaza Madrid 24 SEP 2012 - 00:05 CET
Hernando Calvo Ospina, Colombian journalist 51, contributor to Le Monde Diplomatique and resident for 25 in Paris, stayed on 6 May in earth, in the Madrid-Barajas airport, because a U.S. Embassy official prevented him shipped to a third country: Cuba. A direct flight to Havana did not stop in the United States. He tells the story: "He asked for my passport and told me I could not get on the plane because the route for a few minutes flying over U.S. airspace and I was on a list of people who can threaten U.S.. I had that same flight the previous October and I had not happened. "
The U.S. and the European Commission signed an agreement last December, approved in April by the European Parliament, which requires European airlines to provide the Department of Homeland Security U.S. passenger data, but only on flights to or from in the U.S.. The agreement, known as PNR (record passenger data) would not apply, therefore, to this case. What happens then? The U.S. authorities in March unilaterally require all European airlines, through the Secure Flight program overflight, before takeoff submit the name, date of birth and gender of airline passengers flying over U.S. space.
The reasons given are U.S. security: the possibility that one of the passengers hijack the plane and change the path. So, those who are on their list of undesirables not fly but they will not step on American soil. The airlines are required to get into the computer system for data users of these routes (if they do, they can not fly), and Washington issuing directly blocks boarding passes which appear on their lists.
This practice is not covered by the agreement between the EU and the U.S.
When this happens, the airline can not do anything but call U.S. officials, who are allowed to operate at Spanish airports under an agreement signed in 2009 between the U.S. and the Interior Ministry. Americans may question the passenger and finally get to decide if you can fly. Furthermore, having Washington in his power since March Traveler data to third countries, can learn, for example, how many times a person has traveled to Havana and with whom.
How many people are affected by this U.S. policy? In Spain, thousands of passengers with three destinations: Cuba, Mexico and Canada. Involving two Spanish companies (Air Europa and Iberia) and two foreign airlines operating flights from Spain (Aeromexico and Air Transat). When purchasing tickets to Toronto, Montreal, Mexico D. F. or Havana, the last thing I can imagine is that their passenger data will be transferred to the U.S.. However, none of the four companies duly informed. Iberia, with several weekly flights to Cuba and Mexico-Air Europe-with six or seven weekly flights to Havana, and Aeromexico do not. The first two COUNTRY assured that they will start to do so shortly. Air Transat is the only warning, but in the Traveller Information tab of its website, not at the time of ticket purchase.
more"The European Commission is very weak against the U.S.. This is blackmail "21,000 people 'undesirable' with whom nobody wants to be
"The lack of information is a clear breach of the Data Protection Act and the user could claim," said Ruben Sanchez, the consumer association Facua. "The transfer of data to be communicated. The whole thing is excessive and disproportionate U.S. ". The Organization of Consumers and Users (OCU) agreed that passengers are entitled to know that their data will be delivered to another country.
IU recorded in Congress in May a question the Government on this issue. The executive said that these actions "take refuge" in the agreement between the U.S. and the EU approved in April. But the pact does not refer to airspace overflight. Its second article makes it clear: the agreement will apply "to carriers operating passenger flights between the EU and the U.S." and "companies that incorporate or store data in the EU and operate passenger flights departing from or arriving in the United UU ". A European Commission spokesman confirmed that the overflights are not included in the deal, reports Luis Doncel.
The Spanish Agency for Data Protection says he is "very concerned" about the situation. "What European standard is based a Spanish company to give this information? What are the assurances regarding treatment of this data? This practice is not covered by the agreement of transfer of passengers between the EU and the U.S., "says a spokesman for the international area.
Airlines do not inform travelers that they will transfer their data
The agency has discussed the issue with their counterparts in other EU countries. "We have forwarded the information to the European Commission. Now it is they who must act. It is an unusual situation. Also, put in a difficult situation to airlines. They make every effort to comply with the U.S., because if they do not fly, but can conflict with data protection legislation. " From the European Commission responded to the country on whether to take any action.
The companies themselves seem to have doubts when to communicate data. Iberia ensures that only facilitates flights to Mexico, but not in the Madrid-Havana because this route is not included in the list of links concerned that the U.S. sent. Air France says the opposite: that the flight itself is included, it is required to submit data on pain of heavy fines.
Hernando Calvo failed to catch a flight that had already paid and that cost him 744 euros. So called on Air Europa to reimburse that amount. The airline responded that he did not take charge "because it is the duty of all passengers carry documentation and make it available to the authorities." Calvo took her: his passport was in order and did not need anything more to fly to Cuba.
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